Elective home education (EHE) and Education otherwise than at school (EOTAS)

What is Elective home education?

Elective home education is a term used to describe a choice by parents or carers to provide education for their child or young person, instead of sending them to school full-time and being responsible for providing their education. This is different to education provided by a local authority other than at a school, for example, for children who are too ill to attend school.

What if I choose to start electively home educating my child?

If your child is currently at school, you should tell the school if you plan to educate them at home. The school must accept if you’re taking your child out completely. They can refuse if you want to send your child to school some of the time.

If I choose to educate my child at home, what must I do before I start?

If your child has never been enrolled at a school, you are under no legal obligation to inform the local authority that he or she is being home educated or gain consent for this. However, it is strongly recommended that you do notify your local authority, in order to access any advice and support available. If your child is currently on the roll of a school, you are not obliged to inform the school that he or she is being withdrawn for home education or gain consent for this. However, it is sensible to do so, in order to avoid subsequent misunderstandings as to how you intend to fulfil your parental responsibility for your child’s education.

The school is obliged to inform the local authority of children removed from its admission register and will give home education as the reason, if notified of this by the parent. Parents of children withdrawn from school for home education are not legally obliged to inform the local authority themselves – but again it is sensible to do so, either directly or using any local registration scheme which exists, to facilitate access to advice and support.

Education quality and curriculum

You must make sure your child receives a full-time education from the age of 5, but you do not have to follow the national curriculum.

The council can make an ‘informal enquiry’ to check your child is getting a suitable education at home. They can serve a school attendance order if they think your child needs to be taught at school.

If your child has special educational needs (SEN):

If your child has SEN and attends a special school, you’ll need to get the council’s permission to educate them at home. You do not need the council’s permission if your child attends a mainstream school, even if they have an education, health and care (EHC) plan.

Useful links:

 

 

Education otherwise than at school (EOTAS)

 

EOTAS is education provision that meets the specific needs of children and young people who, for whatever reason, cannot attend a mainstream or specialist school.

 

The SEND Code or Practice states that

"Local authorities must make arrangements where, for any reason, a child of compulsory school age would not otherwise receive suitable education. Suitable education means efficient education suitable to a child or young person’s age, ability and aptitude and to any SEN he or she may have. This education must be full time, unless the local authority determines that, for reasons relating to the physical or mental health of the child, a reduced level of education would be in the child’s best interests."

 

If the child has an EHC plan, choosing to electively home-educate means that the Local Authority (LA) no longer has a legal duty to secure any special educational provision which was specified in the child’s EHC plan, because the parents are deemed to be making their own suitable alternative arrangements.

If the current educational placement is not working, however, it may be better to amend the EHC plan to set out different special educational provision and/or name a different school rather than attempting to take on home education without support.

If school or college is not appropriate for the child or young person, the LA can arrange for any special educational provision which the child or young person requires to be delivered somewhere other than in a school, college or early years setting.

This is often known as education otherwise than at school (EOTAS). The LA would then be responsible for continuing to secure and fund that provision. This could include therapies which are classed as educational provision, such as speech and language therapy.

A child or young person with an education, health and care (EHC) plan can receive special educational provision (Section F) outside of a formal education setting. Under an EOTAS arrangement, the child or young person will not be required to be on the roll of, or in attendance at an educational setting.

Instead, they will receive their education and special educational provision either at home, or in some circumstances, within an external setting that is not a registered educational setting. 

Under Section 42 of the Children and Families Act 2014 (external link), a local authority is placed under an absolute legal obligation to make sure a child or young person receives all of the provision contained in Section F of their EHC plan.

 

The legal test for the Local Authority to consider when a parent or young person makes a request for an EOTAS package is as follows:

Section 61 CAFA 2014
(1) A Local Authority in England may arrange for any special educational provision that it has decided is necessary for a child or young person for whom it is responsible to be made otherwise than in a school or post-16 institution or a place at which relevant early years education is provided.
(2) An authority may do so only if satisfied that it would inappropriate for the provision to be made in a school or post-16 institution or at such a place.
(3) Before doing so, the authority must consult the child’s parents or the young person.
Last modified
Tuesday, February 27, 2024 - 13:45